Horace Mann Insurance v. Nationwide Mutual Insurance
Docket: No. 08-3933-cv
Court: Court of Appeals for the Second Circuit; July 9, 2009; Federal Appellate Court
Horace Mann Insurance Company (HM) appeals a decision from the United States District Court for the District of Connecticut, which granted Nationwide Mutual Insurance Company’s motion for summary judgment on HM's claims for common-law indemnification and equitable subrogation. The court affirms the District Court's ruling, stating that under Connecticut common law, indemnity between joint tortfeasors is generally not permitted unless specific conditions are met. HM failed to demonstrate that Nationwide's negligence was the direct cause of the injury it faced, nor did it show that Nationwide had exclusive control over the situation. Additionally, HM's claim for equitable subrogation was rejected because it did not establish that it paid a debt primarily owed by another party under circumstances that warranted equitable relief. The court concludes that HM did not raise genuine issues of material fact for either claim, leading to the affirmation of the District Court's judgment.